Annex Distribution (Pty) Ltd and Others v Bank of Baroda (52590/2017) [2017] ZAGPPHC 639

11th October 2017

Annex Distribution (Pty) Ltd and Others v Bank of Baroda (52590/2017) [2017] ZAGPPHC 639

Urgency – Rule 6(12) of the Uniform Rules of Court - application for interim interdict - matter specially enrolled by directive of Deputy Judge President – respondent refusing to preserve status quo until the determination of application for interim interdict – applicants’ bringing an application for an interim interdict pending interim interdict – such application refused – whether such dismissal constitutes res judicata and whether issue estoppel applicable when applicants seek to argue the main interim application.

Application to strike out – applicants alleging that the respondent’s answering  affidavit contains vexatious and irrelevant matter –the overriding consideration that of prejudice.

Bank-client relationship – right of bank to close client’s account – bank alleging reputational harm by being associated with the applicants- applicants alleging  notices of termination of relationship invalid as being unreasonable and against  public policy, and seeking to challenge them in an application for a final interdict.

Requisites for an interim interdict – whether the applicants have established such requisites.